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REPLACEMENT COPY OF TUESDAY, AUGUST 19, 2025

Name Category Published
U.S. v. Leal-Felix
In calculating defendant’s criminal history, traffic violations resulting in imprisonment are treated as arrests for sentencing purposes.
Criminal Law and Procedure Nov. 1, 2010
Smith v. Mitchell
Habeas relief must issue where there is no verifiable evidence to support prosecution’s theory that defendant shook baby to death.
Criminal Law and Procedure Oct. 31, 2010
U.S. v. Krane
Although court has jurisdiction over appeal of order directing law firm to comply with subpoena, defendants' guilty pleas render appeal moot.
Criminal Law and Procedure Oct. 31, 2010
People v. Long
In peremptory challenge where race is at issue, prosecutor has to prove that non-race based reason given can stand on its own.
Criminal Law and Procedure Oct. 31, 2010
In re Jenkins
Actual work participation, rather than mere willingness to work, is required for inmate to receive lower security evaluation.
Criminal Law and Procedure Oct. 28, 2010
People v. Greenwood
Traffic stop is reasonably based on officers’ objective belief that based on DMV records, vehicle’s registration was expired despite temporary permit.
Criminal Law and Procedure Oct. 28, 2010
Smith v. Superior Court (People)
'Sutton' does not alter finding that court violated defendant's statutory right to speedy trial by continuing trial beyond 60-day limit.
Criminal Law and Procedure Oct. 28, 2010
Williams v. Ryan
Court must hold evidentiary hearing for defendant’s claim of 'Brady' violation where evidence discovered after conviction contradicts prosecution’s theory at trial.
Criminal Law and Procedure Oct. 26, 2010
McNeal v. Adams
Hearing on prosecution's motion to compel DNA sample is not 'critical stage' at which absence of defense counsel requires per se reversal.
Criminal Law and Procedure Oct. 26, 2010
Pearson v. Muntz
District court properly determines that state court’s decision approving governor's decision to reject parole was unreasonable application of 'some evidence' test.
Criminal Law and Procedure Oct. 26, 2010
U.S. v. Vela
Lack of sentence does not necessarily preclude appellate jurisdiction when defendant is found not guilty by reason of insanity.
Criminal Law and Procedure Oct. 26, 2010
U.S. v. Berry
Court may address untimely evidence-based 28 U.S.C. Section 2255 motion as motion for new trial where government waives objection to timeliness.
Criminal Law and Procedure Oct. 25, 2010
People v. Engram
Lack of available courtroom due to State’s neglect in timely bringing criminal defendant to trial does not constitute good cause to delay trial.
Criminal Law and Procedure Oct. 25, 2010
U.S. v. Redlightning
Defendant’s voluntary agreement to submit to police questioning is not ‘seizure’ under Fourth Amendment.
Criminal Law and Procedure Oct. 25, 2010
People v. Graves
Trial court errs in denying prosecution's request to trail criminal case within statutory speedy trial period.
Criminal Law and Procedure Oct. 25, 2010
People v. Sanders
Sentencing for subordinate term shall consist of one-third of middle term of imprisonment prescribed for each felony conviction where consecutive term is imposed.
Criminal Law and Procedure Oct. 24, 2010
People v. Bacon
Trial court has discretion in deciding whether foundational evidence is sufficient in establishing preliminary fact.
Criminal Law and Procedure Oct. 21, 2010
People v. Torres
Defendant convicted based on unlawful inventory search is entitled to separate review of denials of motions to set aside and to suppress.
Criminal Law and Procedure Oct. 21, 2010
People v. Powers-Monachello
Although admissible at preliminary hearing, extrajudicial statements must be accompanied by independent evidence to support conspiracy charge.
Criminal Law and Procedure Oct. 20, 2010
U.S. v. Mitchell
Sentencing judge may depart downward for defendant sentenced as career offender to account for sentencing disparity between crack and powder cocaine.
Criminal Law and Procedure Oct. 20, 2010
In re Gonzales
Capital habeas petitioner is entitled to stay pending competency determination even if his claims are record-based or legal in nature.
Criminal Law and Procedure Oct. 20, 2010
Earp v. Cullen
District court errs in permitting witness to invoke privilege against self-incrimination without determining basis for invocation.
Criminal Law and Procedure Oct. 19, 2010
People v. Sanchez
'Marsden' hearing is appropriate where defendant implies desire to withdraw plea on ineffective assistance of counsel basis.
Criminal Law and Procedure Oct. 19, 2010
Kling v. Superior Court (People)
Court may allow disclosure of identity of subpoenaed third party and nature of documents sought by defendant in criminal trial.
Criminal Law and Procedure Oct. 18, 2010
Lopez v. Superior Court (People)
Prisoner determined to be mentally disordered offender may not challenge certification based on static commitment criteria after initial one-year period.
Criminal Law and Procedure Oct. 18, 2010
U.S. v. Lozano
Arrival of suspicious package addressed to defendant, after inquiry of postal workers’ protocol for suspicious drug packages, gives rise to reasonable suspicion.
Criminal Law and Procedure Oct. 18, 2010
People v. Newton
Stayed sentence for prior conviction may be used for sentence enhancement regardless if defendant was actually sentenced for crime.
Criminal Law and Procedure Oct. 18, 2010
People v. Dooley
Correctional officer in charge of civil committees in jail’s medical ward is ‘custodial officer’ under Penal Code Section 831.
Criminal Law and Procedure Oct. 18, 2010
People v. Assad
Defense pinpoint jury instruction is not appropriate where such instruction is duplicative of other instructions on offenses’ elements.
Criminal Law and Procedure Oct. 17, 2010
People v. Wayman
Qualified patients under Compassionate Use Act may only transport medical marijuana in way reasonably related to their medical needs.
Criminal Law and Procedure Oct. 17, 2010